LAWS(DLH)-2010-12-230

ABDUL KADER Vs. UNION OF INDIA

Decided On December 20, 2010
ABDUL KADER Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS appeal arises out of an order dated 26.03.2008 passed by the Ld. Railways Claim Tribunal whereby the Ld. Tribunal dismissed both the claim application and the condonation of delay application filed by the appellant under Railway Claim Tribunal Act, 1987. The appellant being aggrieved has impugned the order before us. Hence the present appeal.

(2.) BRIEFLY stated the facts of the case are that the appellants reside in a remote village Chandigachi, Distt-Maida, West Bengal while their son, Alam (the deceased) who was the main earning member in the family worked in Delhi/Gurgaon. On 02.10.2003, Alam met with an untoward rail accident after falling down from the running train between Shahdra and Delhi Railway stations near Kanti Nagar and died on spot.

(3.) THE appellant No 1 thereafter did not hear anything from the counsel Sh. Mukesh Rathee. Meanwhile the daughter of appellant No 1 and 2 fell ill and appellant No 1 had to run from one place to another for her treatment and finally got her examined at Malda Medical Centre in the month of April, 2007 where she is still undergoing treatment.